II. FINDINGS OF FACT

42 Findings of Fact:

1. Complainant is the Director of the Air and Radiation Division, United States Environmental Protection Agency ("EPA"), Region 5, Chicago, Illinois. (November 5, Tr. 248).

2. Respondents are L.G. Kienast Utility Construction ("Kienast Construction"), a corporation doing business at 765 North Washburn Street, Oshkosh, Wisconsin, and Lu Vern G. Kienast ("Kienast") (Complaint at 1, 3; Answer at 1-2; 3).

3. Respondents own and operate a company that demolished commercial buildings. (Complaint at 6, 24; Answer at 6, 24).

4. Respondents owned a structure formerly used as a commercial building at 106 East Tennessee Avenue, Oshkosh, Wisconsin, at all times relevant to the Complaint. This facility was known as the H.D. Hudson Manufacturing plant ("Hudson facility" or "facility"). (Complaint at 7, 29; Answer at 7, 29; Complainant’s Ex. 30).